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Police Reform Act 2002

Paragraph 17: Investigations supervised by the Commission

103.This provision for investigations supervised by the Commission replicates that contained in the 1996 Act and will be used where an element of independence is required or is seen as being desirable.

104.Where the Commission has decided that a complaint or conduct matter should be investigated by the appropriate authority under the Commission’s supervision, the appropriate authority will appoint a person serving with the police or with NCIS or NCS to investigate. In the case of a chief officer, that person must not be one under that chief officer’s direction and control. In all other cases, the appropriate authority will be able to decide whether that person should be from the same or another force or from NCIS or NCS.

105.The Commission may wish to approve this person and it will be able to require another person to be appointed if it is not satisfied with a person who has been appointed or selected for appointment. In the case of the Commissioner or Deputy Commissioner of Police of the Metropolis, the Secretary of State will nominate a person for appointment.

106.Under sub-paragraph (7), the Secretary of State will be able to lay down in regulations those things that the Commission will be able to require during an investigation of this kind. In a supervised investigation the Commission will have responsibility for the investigation and be able to impose certain requirements but will leave the day-to-day management of the investigation to the investigating officer.

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